Dear Sir/Madam,
I hope this email finds you well. I am writing to you today as the attorney for David Maloney who has been the subject of an article that was posted on Just A Car Guy.
I understand that as a news organization your primary responsibility is to inform the public of current events and to provide a platform for diverse voices and perspectives. However, I must respectfully request that you remove the article in question (see below) from your website.
I understand that as a news organization your primary responsibility is to inform the public of current events and to provide a platform for diverse voices and perspectives. However, I must respectfully request that you remove the article in question (see below) from your website.
The article in question pertains to a DUI charge that was nolle prossed due to a lack of evidence supporting the accusation of driving under the influence. Despite the resolution of the case, the continued presence of this article is causing significant harm to Mr. Maloney's professional reputation and personal well-being.
My client, an esteemed attorney, is deeply committed to upholding the law and understands the severe dangers associated with driving under the influence. He has always maintained his innocence regarding this incident, and the decision to nolle prosse the charges was based on the clear absence of evidence. It is crucial to emphasize that he has never driven while intoxicated and fully recognizes the importance of road safety.
My client, an esteemed attorney, is deeply committed to upholding the law and understands the severe dangers associated with driving under the influence. He has always maintained his innocence regarding this incident, and the decision to nolle prosse the charges was based on the clear absence of evidence. It is crucial to emphasize that he has never driven while intoxicated and fully recognizes the importance of road safety.
I would consider this a professional accommodation and be at your service if you need our help. Again, please know that we do understand that you were reporting content that was brought to your attention but now your posting has caused serious hardship to Mr. Maloney. Your help in assisting with this request would be greatly appreciated. I am not looking for a battle, I am looking for your help.
Thank you for your time and attention to this matter.
Respectfully,
Blandin Wright
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The original article was a copy and paste from KTLA,com news, and said:
Anti DUI attorney David J. Maloney faces a DUI charge after he was arrested by sheriff’s deputies in Florida, at 3:30am
One of his areas of practice is suing drunk drivers for civil damages on behalf of DUI victims.
Maloney, whose law firm is located in Mobile, Alabama, is known locally in particular for a commercial in which he declares that he won’t represent DUI offenders: “If you drink and drive, and you hurt someone, don’t call me.”
While driving a Lamborghini, Maloney was pulled over early last Sunday morning for driving 55 mph in a 35-mph zone.
Cops claimed that they smelled alcohol on his breath, but Maloney, 49, denied drinking that night, repeatedly refusing field sobriety testing at the scene and was arrested on suspicion of DUI based on probable cause and booked into the County Jail."
One of his areas of practice is suing drunk drivers for civil damages on behalf of DUI victims.
Maloney, whose law firm is located in Mobile, Alabama, is known locally in particular for a commercial in which he declares that he won’t represent DUI offenders: “If you drink and drive, and you hurt someone, don’t call me.”
While driving a Lamborghini, Maloney was pulled over early last Sunday morning for driving 55 mph in a 35-mph zone.
Cops claimed that they smelled alcohol on his breath, but Maloney, 49, denied drinking that night, repeatedly refusing field sobriety testing at the scene and was arrested on suspicion of DUI based on probable cause and booked into the County Jail."
http://www.inquisitr.com/3103800/anti-dui-attorney-arrested-for-dui-in-florida/
http://ktla.com/2016/05/08/lawyer-who-says-he-wont-represent-drunken-drivers-arrested-on-dui-charge-florida-jail-record-reports/
http://ktla.com/2016/05/08/lawyer-who-says-he-wont-represent-drunken-drivers-arrested-on-dui-charge-florida-jail-record-reports/
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What do you readers think? What should my final response be?
I replied via email, that though that lawyers client is uncomfortable with his past arrest for 55 in a 35, and charge with DUI, that has nothing to do with me, and is simply a historical fact. I reported on it at the time, as one does when reporting news, especially news that is ironic.
But now the DUI lawyer has his PR lawyer out trying to remove all evidence from the internet that this occurred.
So, what's your advice?
Delete the original post? Or point out the freedom of the press? Or something else?
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Even though the DUI charges were dismissed, there is still a pending civil charge against Maloney for refusing to submit to a sobriety test. Under Florida law, drivers who do not submit to a sobriety test can have their license revoked for up to a year. In most situations, if you refuse to take a mandatory sobriety test, you cannot be forced to do so; however, that does not mean that you cannot be convicted of a DUI. The state does not have to prove that your blood alcohol level was over 0.08 and can use other evidence such as erratic driving, slurred speech, and can even use the refusal to take a blood alcohol test as evidence for a conviction of a DUI.
If you are currently dealing with or facing charges for a DUI, seek help from an experienced DUI attorney. Unlike ordinary traffic related charges, convictions for DUI’s have serious related consequences and stigmas. A conviction for a DUI can lead to losing of a driver’s license, fines, jail time, and increased car insurance.
Even though the DUI charges were dismissed, there is still a pending civil charge against Maloney for refusing to submit to a sobriety test. Under Florida law, drivers who do not submit to a sobriety test can have their license revoked for up to a year. In most situations, if you refuse to take a mandatory sobriety test, you cannot be forced to do so; however, that does not mean that you cannot be convicted of a DUI. The state does not have to prove that your blood alcohol level was over 0.08 and can use other evidence such as erratic driving, slurred speech, and can even use the refusal to take a blood alcohol test as evidence for a conviction of a DUI.
If you are currently dealing with or facing charges for a DUI, seek help from an experienced DUI attorney. Unlike ordinary traffic related charges, convictions for DUI’s have serious related consequences and stigmas. A conviction for a DUI can lead to losing of a driver’s license, fines, jail time, and increased car insurance.
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